I'll have to read the whole decision later, but it sounds like the 9th Circuit acted appropriately. A lot of pundits on the right have criticized the 9th circuit unfairly. While it has more cases overturned than anyone else, it has most cases overall. It's overturned about 75% of the time, which is supposedly typical for other courts. However, I think the three judge panels do have a tendency to go overboard and then get reigned back in by a full hearing. Wasn't that the case with the Pledge of Allegiance?